JOHN L. NORMAN
v.
FLORIDA DEPT. OF CORR. ET AL.
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An appeal is dismissed when the appellant fails to comply with court orders setting deadlines for service of the initial brief, even after multiple extensions have been granted.
[1] An appellate court may dismiss an appeal when an appellant repeatedly fails to comply with court orders setting deadlines for service of required briefs, notwithstanding…
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Join FLexlaw to unlock all legal intelligence“the Court would not grant further extensions of time "except upon a showing of emergency circumstances."”
The September 20, 2021 order granting the second extension included this limitation on future extensions.
Appellant was granted multiple extensions to serve the initial brief, with deadlines of August 20, 2021, October 18, 2021, and five business days from…
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PER CURIAM.
The Court denies Appellant’s motion filed November 15, 2021, seeking a fourth extension of time to serve the initial brief. Appellant was granted a sixty-day extension of time by order dated July 19, 2021, setting the time for serving the initial brief on or before August 20, 2021. On September 20, 2021, the Court entered an order granting Appellant’s motion for a second extension of time to serve the initial brief, setting the date for service on or before October 18, 2021. The order provided that the Court would not grant further extensions of time “except upon a showing of emergency circumstances.”
Appellant failed to serve the initial brief as ordered. Instead, on October 12, 2021, Appellant filed a “motion for clarification” seeking a third extension of time to serve the initial brief. By order dated November 2, 2021, the Court denied the motion and ordered Appellant to serve the initial brief within five business days from the date of the order. Again, Appellant failed to serve the initial brief as ordered. Instead, on November 15, 2021, Appellant filed a fourth motion for extension of time to serve the initial brief. Based on Appellant’s failure to comply with the Court’s orders of September 20, 2021, and November 2, 2021, the above-styled cause is dismissed. B.L. THOMAS, BILBREY, and TANENBAUM, JJ., concur. _____________________________